somatic-mystery

                 THE MYSTERY OF SOMATIC DISEASES THAT AFFECT SEWAGE SLUDGE VICTIMS
                                          Public Relations B. S. and the Sludge Experts
                 What the wastewater treatment industry doesn't want you to know could kill you!

By Jim Bynum, VP                                                                                                                                            10-19-2008
Help for Sewage Victims
Retired Safety Consultant                                                         click on highlighted areas for additional documentation

If we were to believe the sludge waste industry experts, the somatic diseases affecting sewage sludge victims are all
psychological in nature. However, there is a problem with this proposed expert opinion, as put forth by William E.
Toffey in his 2007 paper, Biosolids Odorant Emissions as a Cause of Somatic Disease. Toffey is executive
director of the Mid-Atlantic Biosolids Association [MABA] and oversees Philadelphia's sludge waste disposal program.
He said, "Experts to the wastewater profession have not been able to dismiss the role of biosolids in triggering IEI and
psychogenic illnesses." "The psychogenic theory presupposes that idiopathic environmental intolerance (IEI) is an
overvalued idea explained by psychological and psychosocial processes."

That theory was shot down in 1961by ROBERT ROESSLER, M.D., and NORMAN S. GREENFIELD, Ph.D, who said,
"We feel justified in the conclusion, there-fore, that psychiatric patients do visit medial clinics more frequently than
controls but they do so because they suffer a greater frequency of "real" illness. This study would appear to confirm
Lovett Doust's finding that psychiatric patients suffer a greater amount of somatic disability than do controls drawn from
the general population. " You have to remember, these gentlemen didn't know Helicobacter pylori is the leading cause
of peptic ulcers and chronic gastritis in America today. It wasn't until 1982 that "Robin Warren and Barry Marshall
contended that most stomach ulcers and gastritis were caused by infection by this bacterium and not by stress or spicy
food as had been assumed psychologist and medical doctors." Marshall had to drink a batch of the bacteria to prove
his point, but they won the Nobel Prize in 2005 for proving their point.

"The original term, clinical ecology was replaced by the term multiple chemical sensitivity (MCS), and most recently has
been replaced by idiopathic environmental illness, a term which reflects the uncertain nature of the condition and its
relationship to chemical exposure." "--symptoms generally involve the central nervous system, respiratory and mucosal
irritation, or gastrointestinal symptoms. Symptoms may include fatigue, difficulty in concentrating, depressed mood,
memory loss, weakness, dizziness, headaches, heat intolerance, and arthralgia. In contrast to the frequently debilitating
symptomatology, no specific and consistent abnormalities are noted on laboratory or other diagnostic testing. In
addition to multiple chemical sensitivity, other terms used to describe idiopathic environmental intolerance include
universal allergy, 20th century disease or cerebral allergy. Other primarily subjectively defined disorders have
symptoms that overlap with idiopathic environmental intolerance including chronic fatigue syndrome, sick building
syndrome, fibromyalgia, irritable bowel syndrome, and Gulf War syndrome. Intestinal dysbiosis is a diagnosis that could
be considered within the category of idiopathic environmental intolerance. Intestinal dysbiosis is considered separately
in policy Laboratory No. 35."

It is clear the experts Toffey refers to are not scientists. According to FDA, "Somatic genetic toxicity is chemically-
induced damage to the DNA of dividing and non-dividing somatic cells (i.e. nongerm-line cells). The consequence of
somatic genetic toxicity is that chemicals may alter gene functions in rapidly dividing somatic cells (e.g. intestinal lining
and bone marrow) and in quiescent cells which may be forced to replicate in response to a regenerative or mitogenic
stimulus (e.g. GoG1 peripheral lymphocytes). Genetic damage to these cells can lead to cancer and alteration of critical
cellular functions (e.g. altered hormone and receptor site functions)." There is another problem with Toffey's paper. In
his 1981 study, Organic dust diseases and endotoxins, J.H. Edwards noted, "Endotoxin-like material has been
found in materials associated with byssinosis, farmer's lung and sewage sludge disease and a case for their
involvement in the aetiology of byssinosis and sewage sludge disease can be made out." Both Australia and Canada
agree. Australia states, "For the purposes of this Statement of Principles, “extrinsic allergic alveolitis” means an
immunologically induced inflammation of the lung parenchyma involving mainly the alveoli and terminal bronchioles,
which develops secondary to repeated inhalation, by a sensitised subject, of any one of a variety of antigens, attracting
ICD code 495. Canada uses Sewage sludge disease as an Example of Extrinsic Allergic Alveolitis caused by
vegetable and animal dust under 5 microns as well as "microorganisms produce toxic chemicals that form part of
the mixture."

Toffey calls humans "The Emotional Animal" and presents the "The History of Hysteria." He would have us believe
odors are "Environmental Triggers for Somatic “Dis-ease”" or the "Pathways of Biosolids “Dis-ease” " Toffey
said victim's, "Sludge Syndrome follows the model described by Showalter in Hystories." He also blames the
media, "Media can quickly and graphically report stories of situations involving sludge syndrome initiated
by foul odors and can support evolution in a community of mass hysteria. Researchers have shown that the
media can accelerate the development of symptoms in response to environmental exposures to chemical
odorants (Winters, Devriese et al. 2003)." "The Bottom Line", according to Toffey, "Sludge syndrome is a
somatic disease triggered by biosolids odors and by fears raised in the community and through the media.
The wastewater profession needs to accept that even a large commitment to compiling scientific proof that
biosolids are not sources of pathogens or toxicants is of limited persuasiveness with the public."

The purpose of the sludge expert Toffey's Presentation to 2007 North East Biosolids & Residuals Conference &
Exhibit was to convince the sludge industry and sludge regulators that sludge victims suffered from a mysterious
psycho-somatic illness rather than actual damage to the human somatic body cells. The reality is that Toffey is trying to
prevent mass hysteria and fear in the wastewater treatment industry, who have been lied too by the sludge experts as
they poison the land, food, and water. Then again, Philadelphia's municipal sludge plant was turned over to a private
company Friday, October 10th, which may have something to do with his PR program. The City turned over its liability
to Synagro. Heaven forbid the wastewater treatment industry and regulators actually do any basic research and read
EPA's Guide To Field Storage of Biosolids - Appendix A or other documents and find out they are responsible for killing
people. It is certain that Philadelphia Health Department and Toffey are aware of HEALTH EFFECTS OF SOME
PATHOGENS AND CHEMICALS IN DRINKING WATER -- RECLAIMED WATER -- BIOSOLIDS (Sewage Effluent and
Sludge)

The current approach to silencing sludge victims is to claim a federal preemption for human health damages caused
by EPA's part 503 sludge policy. When Synagro was recently sued in Pennsylvania for negligence, private nuisance
and trespass, Synagro claimed, on August 5, 2008, that “removal from state to federal court is necessary based on
complete federal preemption and a substantial federal question.” The EPA position in 1993 was that "a permit can
provide a partial "permit as a shield" defense for compliance with a permit (part 122.25(a)(2)"( FR 58, p. 9408)
"Under CERCLA [superfund Act] protection from liability is also provided when there is a release of CERCLA hazardous
substance and the release occurs pursuant to Federal authorization. (FR 58, p.9262)
"EPA will be responsible for issuing permits that implement the sewage sludge use or disposal standards, unless those
standards are implemented through certain other Federal permits or permits issued by a state with an EPA approved
sludge management program. (FR 58, p. 9412)

While the following had no bearing on the Federal Court's remand to the state court, Pennsylvania is not one of the
seven states authorized by EPA to issue Federal sludge use permits. What the Federal Court said was, "A potential
federal defense is not a necessary element of a common-law tort claim. Calling something by a different name
does not mean that it no longer stinks. Proof of these common-law tort claims does not necessarily involve
elements of federal law as an essential component. Defendants merely suggest that they might raise compliance with
federal regulations as a defense, but this possible defense does not give rise to federal question jurisdiction, Franchise
Tax Bd., 463 U.S. at 10, and reeks of insincerity given the Clean Water Act’s “saving clause” already pointed
out to these Defendants in substantially similar litigation in the Eastern District of Virginia. See Wyatt v.
Susses Surry, LLC, 482 F. Supp. 2d 740, 745 (E.D. Va. 2007) (“Even if Defendants were able to prove compliance with
all state and federal regulations, Plaintiffs could still set forth valid claims upon which relief could be granted because
the federal Clean Water Act contains a ‘savings clause,’ which has been construed by the Supreme Court
to permit rather than preclude state common-law claims.” (citing Int’l Paper Co. v. Ouelette, 749 U.S. 481 (1987)).
                                                                                       More on Federal Preemption

THE PATH TO THE KILLING FIELDS

According to EPA, "Odors are characterized and measured by their psycho-sensory, social, and somatic impacts as
well as by their physical-chemical properties. Odors are created by volatile chemical compounds and compounds
created by bacteria that may be very deadly to somatic cells in the body.

"EPA even has a test for the Detection of Gene Mutations in Somatic Cells in Culture caused by chemicals. Somatic
cells are "one of the cells of the body that compose the tissues, organs, and parts of that individual other than the germ
cells" Researchers Junying Yu, et al, address a major research break through: "Somatic cell nuclear transfer allows
trans-acting factors present in the mammalian oocyte to reprogram somatic cell nuclei to an undifferentiated state. Here
we show that four factors (OCT4, SOX2, NANOG, and LIN28) are sufficient to reprogram human somatic cells to
pluripotent stem cells that exhibit the essential characteristics of embryonic stem cells. These human induced
pluripotent stem cells have normal karyotypes, express telomerase activity, express cell surface markers and genes
that characterize human ES cells, and maintain the developmental potential to differentiate into advanced derivatives of
all three primary germ layers. Such human induced pluripotent cell lines should be useful in the production of new
disease models and in drug development as well as application in transplantation medicine once technical limitations
(for example, mutation through viral integration) are eliminated."

Researcher Huanmin Zhou explains why Somatic cell nuclear transfer is important: "Production of cloned animals by
somatic cell nuclear transfer has been successfully achieved in many mammalian species. The generation of viable
cloned offsprings from different somatic cells demonstrated that terminally differentiated mammalian somatic cells could
be dedifferentiated and recovered totipotency within enucleated oocytes. Therefore, somatic cell nuclear transfer
technology has potential for practical application in the in vitro production of embryos, animal improvement and for the
preservation of endangered species."

It is a serious and very deadly game played by the sludge experts. The experts to the wastewater industry did get the
term biosolids included in the dictionary as a term for sludge, but to Congress , sludge is still a solid waste generated
from a wastewater treatment plant, contaminated with toxic hazardous chemical substances and pathogens.   As will be
shown, exposure to chemicals, pathogens, and created volatile emissions, will cause somatic cell mutation , health
damage and/or death as promised in Part 503.9(t),. I believe they call that disease?

The general recommendation is that if only you wash your hands enough you don't have to worry about disease
organisms. It would appear Toffey is either having a little fun at our expense with a complete disregard for the truth or
knows little about the danger of pathogen and chemical contaminated sewage sludge, somatic coliphages as well as
somatic cells in the human body. However, since Toffey is involved with biologically active sludge testing we don't think
he is illiterate. When we review the EPA's Environmental Management Guide for Small Laboratories, under
Regulatory Considerations, we find the amazing truth. EPA does not regulate disease causing pathogens in sewage
sludge. The Guide states, "The Federal EPA does not generally regulate biologically active substances or
wastes. Exceptions include air regulations for medical waste incinerators and chemical treatment systems,
biotechnology products such as bioremediation microorganisms regulated under the Toxic Substance
Control Act (TSCA), and biopesticides regulated under the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA)."

Even though pathogens May:                         Also see RCRA Hazardous waste
(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly
treated, stored, transported, disposed of or otherwise managed; and;

EPA has failed to regulate pathogens and/or treatment options in the hazardous waste regulation;
40 CFR 261 Appendix V   [Reserved for Infectious Waste Treatment Specifications [Pathogen treatment]
40 CFR 261 Appendix VI [Reserved for Etiologic Agents

CHANGING THE NAME OF KILLERS DOESN'T CHANGE THE NATURE

For this reason, EPA claims it doesn't test for most pathogenic Etiologic agents in sludge/biosolids, groundwater
or drinking water, only indicators. In reality, EPA tests are for a group of gram negative pathogenic bacteria identified
as ENTEROBACTERIACEAE that ferments lactose to produce acid and gas within 48 h at 35-37°C. EPA calls the
group the singular coliform. Virtually all of the gram negative coliform bacteria with optimum growth at 35-37°C are now
human pathogens and many of them produce the deadly hydrogen sulfide gas that smells like rotten eggs. Fecal
coliform are the thermotolerant strains of gram negative bacteria, including E. coli, that continue to grow in the extreme
upper temperature range for the bacteria at 44.5-45 °C. "The gram-negative bacteria are catapulting past MRSA and
now getting resistant to almost every antibiotic, which can mean a death sentence" for the sickest patients says Peter
Pronovost, a professor at Johns Hopkins University School of Medicine." "The gram-negative bugs that pose the
biggest threat include acinetobacter baumannii, enterobacter aerogenes, and pseudomonas aeruginosa, which can
attack through wounds, surgical incisions, central lines, respirators and catheters." Enterobacter is the only one of the
three gram negative bacteria that will show up in EPA's 10 standard coliform tests. It should be noted the
pathogenic bacteria Aeromonas can ferment lactose and yet it is suppressed in the tests.

EPA points out that, "Labs that work with microorganisms, recombinant DNA (rDNA) technologies, lab animals, human
body fluids (blood, urine, feces, tissues, etc.) or bloodborne pathogens are special and often require unique work
environments. These labs must be managed so as to reduce the potential for personnel exposure and environmental
release. Wastes generated from these activities must also be uniquely managed." Furthermore, "The CDC/NIH
published guidelines that apply to labs involved in working with infectious microorganisms and rDNA. Biosafety in
Microbiological and Biomedical Labs describes four biosafety levels and associated standard and special
microbiological practices, safety equipment, and facility design criteria. The guidelines for research involving rDNA
provide recommendations on equipment and procedures specific to rDNA. In addition, the NRC developed the Guide for
the Care and Use of Laboratory Animals."

Now, we can start to understand why, in 2002, the "EPA OFFICE of INSPECTOR GENERAL FOUND: EPA officials said
investigating health impacts from biosolids is not an EPA responsibility; rather, they believe it is the responsibility of the
National Institute of Occupational Safety and Health, the Centers for Disease Control, and local health departments."
Not only that, but, EPA Office of "Compliance and Enforce has disinvested from the program."

I brought up the health impact problem to the Missouri Health Department in 1991. "Dr. John R. Bagby, Director,
replied in a letter dated, April 30, 1991, "I will ask to confer with him (Tracy Mehan, Director) about this issue since, as
you know, the Department of Natural Resources (environmental department) has more statutory authority
in the area of sludge disposal than the Department of Health."" "In an inspection report to Kansas City, dated
June 23, 1994, Ellen J. Dettman, [Missouri] DNR Water Pollution Unit Chief, stated, "These inspections did not address
compliance with EPA sludge regulations under 40 CFR 503. These regulations are self-implementing and
directly enforceable without being included in your state operating permits."" When Linda Zander discussed the
health impacts with Bert Brainerd, Whatcom County [Washington] health officer, he said, "but there's hardly anybody
out there." "Meaning we don't count; we are expendable."

In spite of that, in the same 2002 OIG report, "THE EPA CLAIM[s]: Protecting human health is an integral part of EPA's
mission. EPA conducts numerous research programs throughout the world that study the effects of pollution on the
human body. Research efforts include studies on how pollution affects children and people with asthma and other
illnesses and water contaminants may affect swimmers and beachgoers. Monitoring environmental quality also plays an
important role in protecting human health. EPA works with state and local agencies, as well as volunteer and other
citizens groups, to monitor air and water quality and to reduce human exposure to contaminants in the air, land, and
water."

Apparently, reducing human exposure only means for laboratory technicians. As noted above, EPA does not regulate
biologically active waste and fail to spell out the safety hazards associated with the standard coliform and fecal coliform
tests. But in 2002, it did recognize the biohazards and risk of infection by pathogens associated with handling raw
sewage in the Standard Groundwater Test for coliphages. Coliphages are viruses that can transfer DNA virulent and
drug resistant factors between pathogenic organisms during the sewage treatment processes. These modified
superbugs are concentrated in the residual sludge/biosolids. "In a 1982 EPA study, M. C. Meckes' noted, "In 1959,
Wantanabe (31) discovered that some Escherichia coli strains could transfer antibiotic-senstive strains of shigella spp.
Subsequent research has demonstrated that bacteria carrying transmissible R-factors (DNA/RNA) are responsible for
the spread of multiple antibiotic resistence among members members of the Entero-bacteriaceae (such as E. coli,
Samonella typi, and Shigella dysenteriae) Aeromonas and Yersinis species (4), Pseudomonas, and Vibro cholerae
(34),"

Meckes said, "Total coliforms and total coliforms resistant to streptomycin, tetracycline, or chloramphenicol were
isolated from filtered activated sludge effluents before and after UV light irradiation. Although the UV irradiation
effectively disinfected the wastewater effluent, the percentage of the total surviving coliform population
resistant to tetracycline or chloramphenicol was significantly higher than the percentage of the total coliform population
resistant to those antibiotics before UV irradiation." "Multiple drug resistance patterns of 300 total coliform isolates
revealed that 82% were resistant to two or more antibiotics. Furthermore, 46% of these isolates were capable of
transferring antibiotic resistance to a sensitive strain of Escherichia coli."

"Genetic ability to disable antibiotics, including multidrug resistance (MDR) sequences, is carried on plasmids, small
circles of DNA that are passed easily between bacteria." "When we identified the first Y. pestis strain [Black Plague]
resistant to multiple antibiotics, we warned that if this type of strain spreads or emerges again, it would pose a serious
health problem" says co-author Elisabeth Carniel, head of the Yersinia Research Unit at the Institut Pasteur in Paris.
"The discovery that the multiresistance plasmid acquired by the plague bacillus is widespread in environmental bacteria
reinforces this warning". "the Host Range of Coliphage P1 and Gene Transfer from Enteric Bacteria to Other Gram-
Negative Bacteria" was discussed in 1979.

In EPA's April 2002 Standard Test Manual, Method 1601: Male-specific (F+) and Somatic Coliphage in Water by
Two-step Enrichment Procedure, "The laboratory is responsible for complying with all Federal, State, and local
regulations governing waste management, particularly hazardous waste identification rules and land disposal
restrictions, and for protecting the air, water, and land by minimizing and controlling all releases from fume hoods and
bench operations. Compliance with all sewage discharge permits and regulations is also required."

"Male-specific coliphages (F+) are RNA or DNA viruses that infect via the F-pilus of male strains of E. coli."

"Somatic coliphages are DNA viruses that infect host cells via the outer cell membrane."

EPA admits sewage sludge is a biohazardous material with a high risk of infection from pollutants requiring strict safety
measures in the laboratory, but claims it is safe to spread on farmland, your food, your school grounds, your parks and
your lawn!

5.1 The biohazards and the risk of infection by pathogens associated with handling raw sewage are high in

this method. Use good laboratory practices when working with potentially harmful samples.

5.2 Method 1601 does not purport to address all of the safety problems associated with its use. It is the

responsibility of the laboratory to establish appropriate safety and health practices prior to use of this

method. The analyst must know and observe the safety procedures required in a laboratory that

handles

biohazardous material

while preparing, using, and disposing of cultures, reagents, and

materials. The analyst must use proper safety procedures while operating sterilization equipment.

Equipment and supplies that have come into contact with

biohazardous material

or are suspected of

containing

biohazardous material

must be sterilized prior to disposal or re-use. Field and laboratory

staff collecting and analyzing environmental samples are under some risk of exposure to pathogenic

microorganisms. Staff should apply safety procedures used for handling pathogens to all samples.

5.3 The laboratory is responsible for maintaining a current awareness file of Occupational Safety and

Health Administration (OSHA) regulations regarding the safe handling of the chemicals specified in

this method. A reference file of

material safety data sheets

should be made available to all personnel

involved in these analyses. Additional information on laboratory safety can be found in Section 16.0

Waste Management.

5.4 Samples may contain high concentrations of biohazardous agents and must be handled with gloves.

Any positive reference materials also must be handled with gloves in an appropriate laboratory hood.

The analyst must never place gloves near the face after exposure to media known or

suspected to

contain pathogenic microorganisms.

Laboratory personnel must change gloves after

handling raw

sewage or

any other items which may carry pathogenic microorganisms

5.5 Mouth pipetting is prohibited

THE ETIOLOGIC KILLERS

EPA states: "Biohazards and infectious wastes can range from plant dusts, allergens and toxins, to microbiological
organisms. An infectious waste is derived from a biohazard agent which is capable of replication and has the ability to
produce deleterious effects upon other biological organisms. The common classes of biohazard agents include
infectious and parasitic agents, microorganisms such as fungi, yeast and algae, and animal products which cause
infectious disease." However, EPA said its not an EPA problem: "Etiological agents and vectors for human disease
are regulated through the Public Health Service, U.S. Department of Transportation, and the Foreign Quarantine
regulations. The U.S. Department of Agriculture is involved in the regulation of animal and plant pathogens."

According to CDC, "Etiologic agents are those microorganisms and microbial toxins that cause disease in humans and
include bacteria, bacterial toxins, viruses, fungi, rickettsiae, protozoans, and parasites. These disease-causing
microorganisms may also be referred to as infectious agents. Arthropods and other organisms that transmit pathogens
to animals (including humans) are called vectors. Etiologic agents, vectors, and materials containing etiologic agents
are recognized as hazardous materials. Materials containing etiologic agents are regularly transported from one
location to another by common land and air carriers. Materials containing etiologic agents must be appropriately
packaged to prevent breakage or leakage in order to avoid exposure of the package handlers, transporters, and the
general public to the package contents. Materials containing etiologic agents must be packaged, labeled, and
transported in accordance with all applicable regulations. Material containing etiologic agents being imported into the
United States must be accompanied by a U.S. Public Health Service importation permit".

Biohazardous Agent Defined by The University of Texas at Austin
The purpose of the definition is to identify individuals who must take the Biosafety Training. Biohazardous materials are
defined as materials of biological origin that have the capacity to produce deleterious effects on humans or animals.
They include:

recombinant DNA molecules that are transferred into human research participants (human gene transfer),
recombinant DNA that is introduced into animals [transgenic animals],
synthetic DNA segments which are likely to yield a potentially harmful polynucleotide or polypeptide e.g., a toxin
or pharmacologically active agent.
microorganisms where there is a deliberate transfer of a drug resistant trait or of recombinant DNA containing
genes for the biosynthesis of products potentially toxic for vertebrates,
microorganisms classified as risk group 2 [RG-2] or RG-3 agents [RG-4 agents are not allowed on the
UNMC/UNO campuses] whether infectious or defective,
microorganisms where more than two-thirds of the DNA from RG-2 or RG-3 agents is cloned into other
nonpathogenic agents,
biological products derived from RG-2 or RG-3 microorganisms,
clinical/medical waste e.g., diagnostic specimens, that are used in research and known or reasonably expected to
contain pathogens classified as RG-2, RG-3, or RG-4 agents, and
culture of more than 10 liters of a biological agent.

Basis for the Classification of Biohazardous Agents by Risk Group

"If only one bacteria survives treatment it can cause adverse health effects because, according to the Federal Drug
Administration, "A single bacterium can grow to millions in 10 to 12 hours! Water, wind, insects, plants, and animals
can carry bacteria."

Class A sludge/biosolids may have up to 1,000 most probable number of pathogenic thermotolerant gram negative
bacteria that ferment lactose within 48 hours per gram of sludge at the end of treatment. Ten to 12 hours later you
have millions of times that number per gram. Yet, EPA claims there are no pathogenic bacterial etiologic agents in
sludge/biosolids, only indicators. With Class B sludge you start out with two million per gram.

As EPA's Mark Meckes noted in 1982, for sludge effluent "Multiple drug resistance patterns of 300 total
coliform isolates revealed that 82% were resistant to two or more antibiotics. Furthermore, 46% of these
isolates were capable of transferring antibiotic resistance to a sensitive strain of Escherichia coli."

"In a recent [2006 WEF] study of anaerobically digested solids from seven wastewater treatment facilities, counts of
fecal coliform [thermotolerant gram negative] bacteria increased after dewatering at four of the facilities tested.
Immediately after centrifugation, fecal coliform counts increased from very low or nondetectable levels, often by as
much as several orders of magnitude, at the four facilities where increases were observed. " “Basically, what happens is
when you come out of digestion and go into a dewatering device, you have one density of fecal coliform and
then, immediately after dewatering, that level increases by one, two, three, or four orders of magnitude,” said Matthew
Higgins, associate professor in the Department of Civil and Environmental Engineering at Bucknell University
(Lewisburg, Pa.), and a principal investigator for the WERF study." " In the June 2006 Viable, but non-culturable
disease causing organisms in sludge study, WEF scientists now admit "The issue of viable but non-culturable (VBNC)
bacteria was advanced in the 1980s, and gained significant interest in medicine, the food industry, and many other
fields." It is too bad it has taken almost 30 years for the wastewater Biosolids industry to become interested?

We could expect no less since wastewater experts can not clean up wastewater effluent. We are told that the
Metropolitan Wastewater Treatment Facility in St. Paul, MN., regularly wins state and national awards for
operational excellence. However, the facility still releases treated effluent (clean water) carrying 300,000
tetracycline-resistant bacteria per liter in winter (November to April) and 30,000 tetracycline-resistant
bacteria per liter in the summer. Anyway you look at it, that is some very hazardous toxic pollutants under
the CWA. LaPara said, "about 99.6% and 99.97% of the resistant bacteria in the aeration tanks are removed
in the winter and summer." Using the summer figure of 99.7%, according to LaPara, there are still "10
trillion tetracycline-resistant bacteria released each day from this treatment facility into our waterways"
(Study in UMN cura reporter, fall 2006)

"A recent EPA report [2004] by the Office of Enforcement and Compliance Assistance documented
extensive non-compliance with the CWA. In 2002, 83 percent of facilities in SNC [significant non-
compliance] were repeat SNCs. In 2001, 25 percent of major facilities were in SNC. Sixteen percent-29
percent remained in that status for 2 years or longer. Of those that returned to compliance, there is a 50/50
probability that they will return to SNC again within 2 years."

The use of poorly treated sewage waste release to rivers as well as state permitted sewage sludge and effluent
(biosolids and reclaimed water)disposed of on farmland is destroying the quality of our water. Virginia is a perfect
example: In June 2007, "State Department of Environmental Quality staff members, who advise the board,
have said it makes sense to relax the bacteria limit because it's almost impossible to meet the standard in
many waterways. In Virginia, about 72-hundred miles of river are polluted by fecal
bacteria or other substances. The DEQ estimates that 720 miles that don't meet the current bacteria limit
would comply with the relaxed standard". http://www.wdbj7.com/Global/story.asp?S=6723596

On October 17, 2008, "A state panel unanimously denied a city of Richmond request yesterday to raise the level of
fecal bacteria allowed in part of the James River. The 30-mile stretch, from Richmond's Mayo Bridge to Hopewell, is
popular with boaters, skiers and paddlers. But the river is polluted with bacteria, which can sicken people who swallow
the water."

In an October 19, 2008 article, "Elizabeth City [VA] aims to upgrade 'too pretty' sludge." Ava Goodwin, chief
operator of the Elizabeth City water treatment plant, said she doesn't "know why it is called sludge"? Shame on her. She
should at least read the Solid Waste law, "(26A) The term ``sludge'' means any solid, semisolid or liquid waste
generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility or any other such waste having similar characteristics and effects." I wonder what else she
doesn't know about sludge? http://deadlydeceit.com/RCRA.html

Risk Group Click on highlighted number for list of bacteria	Risk to individual and the community
RG-1	Agent that is not associated with disease in healthy adult humans.
RG-2	Agent that is associated with human disease which is rarely serious and for which preventive or therapeutic interventions are often available.
RG-3	Agent that is associated with serious or lethal human disease for which preventative or therapeutic interventions may be available (high individual risk but low community risk)
RG-4	Agent that is likely to cause serious or lethal human disease for which preventative or therapeutic interventions are not usually available (high individual risk and high community risk)

Federal-Court-RemandandCostsOrder-1.pdf